In Wan Sern Metal Industries Pte Ltd v Hua Tian Engineering Pte Ltd [2023] SGHC 46, Kwek Mean Luck J dismissed an appeal for a stay for enforcement of adjudication determination. Kwek J noted that the appellant’s third argument, on the basis that enforcement would push them into liquidation, was “an additional novel ground”.
Read MoreIn the recent case of BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC), the Court dealt with, among others, whether a term for fitness for purpose can arise via an implied term and whether the supplier can rely on a defence of “proper use”.
Read MoreIn Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd [2023] SGHC(A) 9, a key issue before the Appellate Division of the High Court was the measure of damages due to a developer as a result of a contractor’s delay to completion.
Read MoreThe term “without prejudice” is commonly used in the course of settlement negotiations, but what does it really mean in law? Does it really mean that everything discussed can never be disclosed?
Read MoreDoes the acceleration of a “primary obligation” invariably falls outside the scope of the penalty doctrine? Or can it be a secondary obligation? This was addressed by the Court of Appeal in Ethoz Capital Ltd v Im8ex Pte Ltd and others [2023] SGCA 2.
Read MoreIn B High House International Pte Ltd v MCDP Phoenix Services Pte Ltd [2023] SGHC 12, a key issue before the High Court was when a person can be said to have actual or apparent authority to enter into a contract on behalf of a company.
Read MoreSometimes, a contract may say that a certificate is to be conclusive of the amounts in the certificate. Or it may say that a determination by a specified person of the amounts due is to be conclusive. But does the use of the word “conclusive” mean that it is truly conclusive? The recent United Kingdom Supreme Court case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 (“S&H v Blacks”) shows that this issue can be complicated.
Read MoreVim Engineering Pte Ltd v Deluge Fire Protection (S.E.A.) Pte Ltd [2023] SGHC(A) 2 highlights the importance of contractual provisions when it comes to claims for variations.
Read MoreA party can terminate a contract pursuant to an agreed contractual mechanism. However, you can also do so by accepting the other party’s repudiatory breach. So, what amounts to a repudiatory breach? Will it amount to a repudiatory breach if you insist the other party complies with conditions that are not part of the contract? The recent case of Sunrise Industries (India) Ltd v. PT. OKI Pulp & Paper Mills & Anor [2023] SGHC 3 (“Sunrise v OKI”) addresses this.
Read MoreIn Ten-League Engineering & Technology Pte Ltd v Precise Development Pte Ltd [2022] SGHC 317, the issue before the High Court was whether an oral contract had been formed between a main-contractor and a sub-sub-contractor for direct payment from the main contractor to the sub-sub-contractor, and if so, whether the oral contract been breached?
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